Constructive dismissal query

[Gruffalo101]

The short version. I left an nhs job 2 years ago because

A I worked with a bully for years and she tormented everyone and management did nothing about her

B I had all the required qualifications for a specialist role for years had my own caseload, independent prescriber, other colleagues doing the same paid band 7 but myself and another staff member were on band 6. We then had to apply for temporary band 7 Roles. Brought to management attention this needed to be a permanent arrangment, pitiful attempts to address but they dithered and dithered and itcame to nothing.

Eventually a sort of unrelated incident happened ( straw that broke the camels back) which demonstrated to me how management were utterly useless and unsupportive. So I left for a band 6 role in another part of the country in a different area of nursing. I was so sickened by the experiences I had had I didn't want to have any connections with colleagues even though someone I knew from that field was asking me to apply for the specialist role in this geographical area. It made me sick to think about it.

I should have pushed harder for the uplift while in post and we did push but it was so long drawn out and the job was consuming enough it never happened.

When I left I did an exit interview, said I was leaving because of the lack of uplift and mentioned some of the other issues, but i didnt labour about the bully.....this would have been an utter waste of time. An untouchable especially given her antics excused for years.

Found out later my other colleague was given the band 7, don't think he had to apply. I was told 'Gruffalo would have got it if she had stayed'.

So it has always rankled with me the years I wasn't paid for the job I did. Other colleagues employed while I was there without the qualifications I had and paid as band 6 literally not doing a fraction of my role. It was only in the last 2 years I was paid band 7 in the temporary role ,and this was extended on a few occasions by 3 months , the initial period being 12 months.

So my query is this.... aibu to think I could have a case for constructive dismissal ??

I'm fully prepared for a blunt no , but am interested to hear the reasons why this would be the case and what I should have done.

no.

No

I think any claim would be time-barred after two years in any event. I'm a lawyer, though not an employment lawyer, and recall it might be a three month limitation period.

There’s a time limit for bringing cases, think 3 months, so no.

If it was 2 years ago, you will more than likely be out of time to submit any kind of claim for constructive dismissal.

Constructive dismissal is extremely tough to prove.

Are there any written records of meetings? grievances you submitted because of bullying etc. ?

Notes from a 2 year old exit interview, would not be a basis for a constructive dismissal claim.

You have three months and have to show a breach of your contract. There is no possible way you can bring the claim now and even at the time it would have been highly unlikely to get anywhere

You must usually make the claim within 3 months less 1 day of the date your employment ended. In almost all circumstances, your employment ends on either: the last day of your notice period. the day you resigned if you did not give your employer notice.
www.acas.org.uk › dismissals

I don’t think you do. The billing thing you didn’t mention at your exit and specifically said it was because you didn’t receive an uplift so it would be hard to go back and prove you were bullied out.

In terms of the job role, it doesn’t matter if you were performing the same roles as someone in a band 7 post if your post was a band 6 the manager can’t just make a role a higher banding. Having a particular qualification doesn’t equate to being paid more, it’s about what the job role is not about the person filling that role. There are two ways to go up banding in the NHS (or two ways officially, I know there are sometimes dodgy recruitment practices in the NHS) but they are to apply for a higher banded role or to appeal to AFC for your own post to be re-banded. The applying for a temp post sounds like they were trying to find away to pay you as a band 7 while waiting for the re-banding process to progress.

It also sounds like your colleague had his post re-banded which then would also have been possible for you.

It is so hard in the NHS because you can’t recognise people for their hard work and “promote” them and this ends up with people refusing to to step outside their defined role, you would have been entirely within your rights to only work to a band 6 job job description and send anything more specialist elsewhere.

Hope you’re happier in your new job

Bullying not billing, please excuse any other typos, I’m sure there are loads.

Thanks to everyone who replied and for the feedback and clarity on the points.

Looking back i think i should have done/said this or that but at the time and in the thick of it, it isnt always that obvious. It is only now I would feel even slightly emotionally capable of addressing this but obviously now can't.